SHARIN SAFAMI BIN ZAINUDIN

SHARIN SAFAMI BIN ZAINUDIN

Court accepted prosecution evidence, found accused's account to be an afterthought and not credible, concluded accused failed to rebut the statutory presumption under Section 50(1) MACC Act 2009 on the balance of probabilities, and therefore prosecution proved all elements beyond reasonable doubt; convicted on nine counts under Section 16(a)(B) MACC Act 2009 and imposed concurrent sentences and fines accordingly.

Citation
CA-61R-6-02/2020 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Sharin Safami bin Zainudin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 December 2025
Case Number
CA-61R-6-02/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal (anti Corruption) / Post Trial Conviction and Sentencing (appeal Filed)
Outcome
Accused convicted on 9 counts under Section 16(a)(B) of the MACC Act 2009 and sentenced.
Legal Topics
Bribery, Statutory Presumption Under Section 50(1) MACC Act 2009, Rebuttal on Balance of Probabilities, Sentencing Principles
Source Language
Malay/English
Criminal Law Anti Corruption Law Criminal Procedure Bribery Statutory Presumption Under Section 50(1) MACC Act 2009 Rebuttal on Balance of Probabilities Sentencing Principles

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Parties

Pendakwa Raya

Prosecutor

Sharin Safami bin Zainudin

Accused

Procedural Posture

Criminal (anti Corruption) / Post Trial Conviction and Sentencing (appeal Filed)

Legal Issues

  1. 1 Whether the accused received bribes as charged under Section 16(a)(B) MACC Act 2009
  2. 2 Whether the accused rebutted the statutory presumption under Section 50(1) MACC Act 2009 on the balance of probabilities
  3. 3 Credibility of accused's defence (afterthought third‑party Ridzuan explanation)

Ratio Decidendi

Court accepted prosecution evidence, found accused's account to be an afterthought and not credible, concluded accused failed to rebut the statutory presumption under Section 50(1) MACC Act 2009 on the balance of probabilities, and therefore prosecution proved all elements beyond reasonable doubt; convicted on nine counts under Section 16(a)(B) MACC Act 2009 and imposed concurrent sentences and fines accordingly.

Court Disposition

Accused convicted on 9 counts under Section 16(a)(B) of the MACC Act 2009 and sentenced.

Orders

  • Accused sentenced to 24 months' imprisonment on each count; sentences to run concurrently.
  • Accused to pay a fine of RM10,000.00 for each count; in default of payment, 2 months' imprisonment per count.